FirstNet Historic Preservation Requirements

Transcription

1 FirstNet Historic Preservation Requirements Christopher Eck Federal Preservation Officer December 10, 2014

2 NEPA NEPA is considered an umbrella law as it provides a framework within which a wide variety of environmental requirements can be evaluated NEPA National Historic Preservation Act (NHPA) Superfund Authorization and Recovery Act American Indian Religious Freedom Act Endangered Species Act Migratory Bird Treaty Act Bald and Golden Eagle Act Floodplains and Wetlands laws and requirements State and Local Land use requirements Clean Water Act Executive Orders on Environmental Justice Native American Graves Protection and Repatriation Act Just a few of the requirements addressed under NEPA

3 What is the national historic preservation act? NHPA was passed by Congress in 1966 to serve as a way to protect America s significant historic buildings, structures, places and archaeological sites from destruction that was funded, permitted or managed by the Federal Government

4 Why is NHPA Compliance important? Compliance with Section 106 of the NHPA is important because it requires federal agencies to take into account the effects of their actions ( undertakings ) on historic properties and afford the Advisory Council on Historic Preservation ( ACHP ) a reasonable opportunity to comment As part of compliance, a federal agency is required to determine whether its activities could affect historic properties, which are those properties listed or eligible for listing on the National Register of Historic Places ( National Register ) If the agency can document that no historic properties are affected, the agency can proceed with its undertaking Early action in addressing historic preservation issues enables an agency to move forward in a timely manner

5 NHPA Compliance and successful consultation If historic properties may be affected, then the federal agency, in consultation with State Historic Preservation Officers ( SHPOs ) and Tribal Historic Preservation Officers (THPOs ), determines the scope of the potential effect of its actions and works to resolve any adverse effects by avoiding, minimizing or mitigating harm to historic properties Successful consultation often results in a Memorandum of Agreement (MOA) The Section 106 regulations emphasize the importance of consulting with Indian Tribes and Native Hawaiian Organizations

6 NHPA Compliance and failure to reach agreement If the agency fails to reach agreement on whether there is an adverse effect or fails to find a way to resolve such effects, the ACHP may participate to help resolve the issues If a SHPO terminates consultation, then the agency along with a THPO and the council may still conclude an MOA If a consulting THPO terminates consultation and the potential adverse effect is on tribal land then the agency requests written comments from the ACHP and it must provide a response. The agency then must take into account the ACHP s comments before proceeding further The key to avoiding a successful challenge to its activities is that the agency made a reasonable and good faith effort to consult and follow the process

7 (continued) Key points to section 106 of the NHPA NHPA is important because it places the federal government through its agencies in the lead stewardship role for protecting historical, archaeological and cultural resources for the nation NHPA promotes a partnership relationship among federal agencies and the States, Indian Tribes and Native Hawaiian Organizations It provides a mechanism for public involvement that can alert federal agencies to activities that might affect ancient archaeological sites, compromise American Indian and Native Hawaiian religious sites or damage historically important landmarks and helps to avoid negative media attention Failure of a federal agency to properly follow the process can result in legal actions such as the issuance of an injunction and delays and project uncertainty

8 Thank You